This follows the decision of a three-member panel of justices, led by Justice Umaru Fadawu, who declared the suspension order by the Code of Conduct Tribunal (CCT) as prejudicial and a violation of Magaji’s right to a fair hearing.
Delivering the lead judgment on Friday, Justice Fadawu stated, “The suspension order by the CCT is flawed and violates the fundamental principles of fair hearing. We have also directed that the matter be reassigned to a different panel of the tribunal.”
Magaji was suspended on April 4, 2023, following allegations of misconduct levelled against him by the Code of Conduct Bureau (CCB).
The CCT, chaired by Justice Danladi Umar, had ordered the Kano State Governor, Abba Yusuf, and the Secretary to the State Government (SSG) to appoint an acting chairman for the commission pending the determination of the case.
However, Magaji’s counsel, Adeola Adedipe, SAN, argued that the suspension amounted to a denial of justice.
“The tribunal erred in law by presuming my client’s guilt at an interlocutory stage and depriving him of his constitutional right to a fair trial,” Adedipe said.
Adedipe further contended that the tribunal acted outside its jurisdiction.
“The tribunal’s directive to the Kano State Governor and SSG, who are not parties to this matter, is unprecedented and a clear miscarriage of justice,” he added.
In the ruling, the appellate court upheld these arguments and criticized the tribunal’s handling of the case.
Justice Fadawu noted that the CCT had made speculative findings unsupported by material evidence.
Reacting to the judgment, Magaji expressed relief and gratitude. “This is a victory for the rule of law and justice. I am committed to serving the people of Kano with integrity,” he said.
The Appeal Court also directed that the case against Magaji, which includes a 10-count charge of alleged conflict of interest and false declaration of assets, be reassigned to a different panel of the CCT.
